Dad of grade one student claims Oakleigh Grammar discriminated against his child by expelling him

A Melbourne private school has been accused of discriminating against a student with special needs by applying a “zero-tolerance” approach to his behaviour.

A southeast Melbourne private school has been accused of discriminating against a grade one student with special needs by applying a “zero-tolerance” approach to his behaviour.

Oakleigh Grammar terminated the enrolment of a seven-year-old male student with Attention Deficit Hyperactivity Disorder and Oppositional Defiance Disorder, even though it knew of his needs when he was enrolled in prep in 2017.

By the end of 2018, the boy was no longer welcome at the $11,000-a-year school.

The boy’s father said the school gave the impression that “it was easier to punish (the boy) for behavioural issues that were involuntary and beyond his control, than to support him through these difficult times”.

This was despite the boy – who cannot be named for legal reasons – having what his father described as a “successful start to his schooling life at Oakleigh Grammar, with no major behavioural incidents”.

“As the 2018 school year went on, (the boy) was encountering behavioural issues linked to his two diagnosed conditions. The School did have support measures in place, however they weren’t sufficient for what (the boy) needed at the time,” his father’s application to the Victorian Civil and Administrative Tribunal states.

In September 2018 the school’s principal Mark Robertson told the father that a “zero-tolerance policy” would be implemented to respond to the boy’s behaviour.

“It was made clear that (the boy) would be targeted, and wouldn’t be given the opportunity to utilise the Reflect and Restore practices held by the School in the event of a discretion,” his father said.

Between September and November 2018, the boy was either sent home early or suspended between four and six times for his behaviour. In late November the boy’s father was advised his enrolment would be cancelled.

The VCAT application notes the termination had a severe impact on the emotional and mental health of the boy.

“He still doesn’t totally comprehend the actions of the school, or why he was terminated for what believes was no reason,” his father said. He is claiming the cost of ongoing medical care and counselling and additional expenses for a new school for 2019.

Mr Robertson said the school was unable to comment on any case listed for a hearing before a tribunal but said there were students with a range of disabilities at the school.

“Oakleigh Grammar has a reputation for its strength in pastoral care and in particular, takes pride in catering for students with learning disabilities,” he said.

“Our Behaviour Management Policies and practice are clear and based on high expectations, but also take into account the uniqueness of each individual within our School.”

The case will be heard in September.

The boy is now in year five at another school.